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Is Pretrial Intervention / Diversion Program Right for You?

Florida Statutes §§ 948.08 and 948.16 governs Pretrial intervention programs (PTI). These diversion programs are intended to provide appropriate counseling, education, supervision, and medical and psychological services. The Department of Corrections supervises PTI programs for those charged with felonies, and the Salvation Army supervises the programs for defendants charged with misdemeanors.

Any first-time offender or any individual previously convicted of not more than one non-violent misdemeanor, who is charged with any misdemeanor or third-degree felony qualifies to enroll in the PTI program. The defendant must obtain approval of the administrator of the program and the consent of the victim, the prosecutor, and the judge who presided at the individual’s first appearance hearing. The defendant must also first consult with his or her attorney, voluntarily agree to participate in the program, and knowingly and intelligently waive the right to speedy trial for the duration of the program.

Further, an individual charged with a non-violent felony and has a substance abuse problem, or is charged with a second or third degree felony for purchase or possession of a controlled substance, prostitution, tampering with evidence, solicitation for purchase of a controlled substance, or obtaining prescription medication by fraud is eligible under the PTI statute, as long as the individual is not charged with a crime of violence, such as murder, sexual battery, robbery, or carjacking. An individual with no prior felony conviction who has never participated in a prior felony PTI program is also eligible for a pretrial substance abuse, education and treatment program, if he or she has never previously rejected a prior offer of the pretrial substance abuse program.

In the case of misdemeanor pretrial substance abuse intervention and treatment programs, eligible defendants can be admitted into the program by the court’s own motion or by motion of any of the parties.

Once a defendant is admitted into PTI, the criminal charges against the defendant shall be continued without final disposition for 90 days after the defendant entered the program if the defendant’s participation in PTI is satisfactory. The charges will be continued for another 90 days if the defendant’s participation remains satisfactory, upon the program administrator’s request and the state attorney’s consent. If the defendant does not fulfill his or her obligations under PTI or if public interest requires, the state may resume the pending criminal proceedings.

After the PTI period is complete, the program administrator shall recommend either that (1) the case resume if the defendant’s performance has been unsatisfactory; (2) the defendant requires further supervision; or (3) the charges be dismissed without prejudice when prosecution is not necessary. The state attorney has the discretion to make the final decision on whether the prosecution shall continue.

There are certain consequences to electing PTI that a defendant should discuss further with his or her attorney. For example, if a defendant decides to enter the PTI program, he or she must either first accept responsibility or admit guilt. The acceptance of guilt cannot be used as a confession or admission in prosecution later if the defendant fails to successfully complete the program. Also, if the defendant’s PTI participation is unsatisfactory, the Florida Rules of Criminal Procedure require that the violation of PTI terms be used against the defendant on the criminal punishment score sheet. Accordingly, the failure to properly complete the PTI may result in a harsher sentence than the defendant would have initially received.

If you have any questions about whether you are eligible for a diversion program in your criminal case, please contact the St. Petersburg criminal defense attorneys at Rooth Law Group today for a free consulation.

The Rooth Law Group represents clients throughout West Central Florida, including:
Pinellas County: St. Petersburg, Clearwater, Gulfport, Largo, Pinellas Park, Indian Rocks Beach, Kenneth City, Madeira Beach, Seminole, Redington Beach, Oldsmar, Tarpon Springs, Odessa, Safety Harbor, Holiday, Spring Hill, Hudson, Zephyrhills, Dunedin, Belleair Bluffs, Belleair Beach, Palm Harbor, Treasure Island, Indian Shores, Tierra Verde, Bay Pines, Belleair Shore, South Pasadena, Crystal Beach, Pasadena.

Hillsborough County: Tampa, Apollo Beach, Brandon, Carrollwood, Dover, Gibsonton, Lithia, Lutz, Northdale, Palma Ceia, Pebble Creek, Plant City, Riverview, Ruskin, Seffner, Sulphur Springs, Sun City, Temple Terrace, Thonotosassa, Town n' County, Valrico, West Chase, Wimauma, Ybor City.

Pasco County: New Port Richey, Dade City, Gulf Harbors, Hudson, Land O' Lakes, Odessa, Port Richey, Saint Leo, Shady Hills, Trinity, Wesley Chapel.

Manatee County: Bradenton, Anna Maria, Holmes Beach, Ellenton, Longbeach, Longboat Key, Manatee, Palmetto, Parrish, South Bradenton, West Bradenton, Whitfield, Whitney Beach.

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